Gary Joseph

Managing Partner, MacDonald & Partners LLP

Gary, Managing Partner at MacDonald & Partners LLP, is a certified specialist in family law with an LL.M. in constitutional law. He was called to the bar in Ontario in 1978 and is also a member of the Alberta bar. He has extensive trial and appellate experience at all levels of our courts in both Ontario and Alberta and has appeared as counsel in the Supreme Court of Canada. He has been reported in over 200 Family Law decisions at all levels at the courts.

A highly respected family law practitioner, Mr. Joseph also lectures frequently in family law, has been an instructor in family law for the Bar Admission course and has published many articles on family law and is now the principal author for Handling a Family Law Matter in Ontario and the Family Law Litigation handbook, both published by Carswell. He is a founding lecturer for the Family Information Session program of the Superior Court of Justice and was recognized by the Chief Justice for his efforts in this regards. He has recently been noted as one of the top 50 family law lawyers in the country by Lawday, an international publication.

Mr. Joseph’s out of office interests include mountain biking, golf, sailing and skiing. He is an avid reader of both fiction and biographies.

The recent decision of the Ontario Court of Appeal in the case of Carrigan v. Carrigan Estate has caused quite a media frenzy.The case involved a contest between the late Ronald Carrigan's legal spouse and his live-in common spouse over pension benefits accruing to the spouse of the deceased.

Bowing to pressure from politicians and judges, we have encouraged people to be their own lawyer. Programs and clinics have been set up to assist the "self-rep." Our courts are now flooded with these would-be Perry Masons! The problems this has caused the judicial system are endless.

Recently, Great Britain has taken enormous strides in law reform and in rationalizing the legal system to address current trends in family law matters. They are now considering legislation that would lead to the presumption of shared parenting upon relationship breakdown. Perhaps it is time for Canada to follow again.

the Quebec common law case between the billionaire businessman and his Brazilian beauty queen-like common law spouse is still under review. The implications of the decision are likely to be Canada-wide, notwithstanding that the case arises under the unique anomalies of Quebec family law.

We are marrying less. Our divorce rate continues to climb (notwithstanding Statistics Canada's claims to the contrary). What's going on? In my 35th year of practice, I am witnessing what I believe to be a tidal wave of change in our views and attitudes towards marriage and divorce.